Katz
(PC) Brown v. Katz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONNIE CHEROKEE BROWN, No. 2:21-cv-02288-EFB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
D. KATZ, Defendant. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He alleges that defendant used excessive force against him on March 25, 2020 by slamming his hand in the food port of his cell. ECF No. 1 at 4. Plaintiff raised the same claim against defendant in Case No. 2:20-cv-02386-EFB (E.D. Cal.) (“Brown I”). Plaintiff dismissed that case with prejudice on February 3, 2021 following an agreed-upon settlement. Brown I, ECF No. 18. Accordingly, he is precluded from raising the claim again in this court. Semtek Int’l Inc. v. Lockheed Martin Corp., 531 U.S. 497, 505-06 (2001) (a voluntary dismissal with prejudice bars further action on the same claim in the same court); Wojciechowski v. Kohlberg Ventures, LLC, 923 F.3d 685, 689-90 (9th Cir. 2019) (a court-approved…